JURIDICAL ANALYSIS TOWARDS THEDISPENSATION OFCHILD MARRIAGE – AJHSSR

JURIDICAL ANALYSIS TOWARDS THEDISPENSATION OFCHILD MARRIAGE

JURIDICAL ANALYSIS TOWARDS THEDISPENSATION OFCHILD MARRIAGE

ABSTRACT: Underage marriage is regulated in article 7 paragraph (2) of Law Number (No). 1 of 1974 aboutMarriage, this authority is given to the Religious Court to issue a dispensation for marriage. This study aims toanalyze the conditions for dispensation to marriage as well as to analyze the judgments of the ParepareReligious Court in giving dispensation to marriage in Decision under the Decision Number 26/Pdt.P/2020/PA.Pare. This study use a normative approach then analyzed with descriptive qualitative. The result ofthis studyisto show the conditions for dispensation to marriage in accordance with the provisions of Law Number (No).1of 1974 concerning about Marriage as well as judges’ considerations which emphasize the best for the children,but didn’t explain in detail of the legal provisions which used to interpret the ideal age limit for women tomarry.